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Brian Scott Winkler

Brian Scott Winkler

Law Offices of B. Scott Winkler
  • Criminal Law, DUI & DWI, Personal Injury...
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Summary

For all your criminal, DUI and white collar crime needs, call B. Scott Winkler, The Shafter Lawyer!
661-746-0235

Born and raised in Bakersfield, CA. I studied Finance and Political Science @ CSUF & CSUB, receiving a degree in both fields. I attended law school at California Pacific School of Law. I have been practicing Criminal Law for 17 years, with offices in Bakersfield & Shafter CA. Specializing in Criminal Law, DUI trials, Family Law and Personal Injury. I am blessed to call Bakersfield my home, and coming from a hard working family where money was only necessary to pay bills, I understand the importance when I am entrusted with a client's or family members money, and work as hard as I can to accomplish every feasible legal goal my client is requesting.

Law fees are becoming incredibly expensive, and I feel a duty to represent my client base at a fair cost in exchange for providing an extremely competent job to defend their rights, with respect to the areas of law I practice.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Personal Injury
  • Family Law
  • Divorce
  • White Collar Crime
Additional Practice Area
  • DMV Hearings
Fees
  • Free Consultation
    I will do an overview of you case and provide an honest answer as to how I can help you. As I openly tell my potential clients, this line of work can online rewarding if can spot an issue for dismissal, or provide enough form a reduced sentence, A private attorney lives off his reputation of being honest, fair, and successful.
  • Contingent Fees
    Personal injury. cases only!
  • Rates, Retainers and Additional Information
    Consider a split payment in felonies + expenses, as long as myself and my client understand we have a job to do.
Jurisdictions Admitted to Practice
5th Circuit
9th Circuit
Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Sole-Proprietor
Law Offices of B. Scott Winkler
- Current
The only Attorney listed in Justia, that has his primary practice location in Shafter, for the Northern Kern County area. Acoss the street from the Shafter Superior Court.
Vice President: RCBO
Wells Fargo Bank
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Numerous certificates in Ag & Commercial Lending; completed their strenuous Bankers College
Asst. Vice-predident
San Joaquin Bank
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Education
California State University - San Francisco State University
M.A. / California Gangs and the effect of new legistlation has on criminal sentencing (2016)
California Pacific University
J.D. / Law (1991)
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Honors: West-Law Honor Student
Wells Fargo Bank Ag & Commercial lending College
Agricultural and commercial financial analysis (2000)
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Honors: Most Outstanding in delivering WFB ag and commercial products to clients. Reached highest sales quotas and exceeded in my class.
Activities: Intensive academic understanding into annual cash flow and the needs of cash fellow for both ag and commercial products in order to avoid a strong company to be undercapitalized,
California State University - Bakersfield
B.A. / Political Science (1991)
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Honors: Graduate Cum Laude Honors
California State University - Fullerton
B.A. / Finance (1990)
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Awards
Volunteer of the year Award
Bakersfiekd Rescue Mission
For volunteering with some homeless, but many young kids needing assistance in simply working their homework with each individual at the mission.
Palque handed out the four highest GPA'S in our class
West Law Studenf of High Academic Achievement
Professional Associations
American Bar Association
Member
- Current
California State Bar # 215006
Member
- Current
Kern County Bar Association
Member
- Current
Activities: Criminal Defense Section
U.S. Federal Court, Eatern District # 215006
Licensed to Practice
- Current
Golden Empire Youth Football
Board for Director & Coach
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Activities: One of original members to outline and create future protocol for youth football organization, that is still operating at a high competitive level todat.
Websites & Blogs
Website
Criminal Defense Lawyer Bakersfield & Shafter B. Scott Winkler
Blog
Criminal Defense Lawyer
Legal Answers
7 Questions Answered

Q. is there any way to reduce a welfare fraud crime to a misdemeanor?
A: First, for clarification purposes, you stated one year "in prison" in California. We have determinate sentencing, meaning should you have plead guilty, your prison term would have been either 16 months, 2 yrs, or 3yrs. unless due to unusual circumstances, the judge will allow you you up to one year in County Jail, which appears that is the case here. If so, you would be eligible for an expungement, as long as court fines and fees are paid off, as well as all restitution (as stated) then your motion should include to have it reduced to a mideamenor, because it's a likely wobbler, and once reduced, have the case expunged, pursuant to 1203.4.
Q. So I was in a car with my friend and he was taking me home about 5 minutes after driving we.get pulled over
A: The short answer is yes, the likely answer is probably not, unless your presence is very important to establish the fact that he was driving. With three warrants, it may me based on whether or not the arresting officer knew him or had some prior contacts. If the car was pulled over in a period of 5 minutes, your friend would have likely driven in some erratic behavior for the stop, in which case your testimony would not be needed, or they were well aware of your friends warrants, and you were caught up in a bad place at a bad time! I do not forsee a subpoena coming to you based on the facts you presented!
Q. My dad has bipolar schizophrenia and has been acting aggressively. He has threatened to kill my mom. What should I do?
A: From a criminal law stand point, threatening one's life can be a crime under Calif. Penal Code 422, however, one of the elements to prove is not just the threat, but whether your mother believed he had the ability to carry out the threat and would do do so. Based on your question, this type of outburst can be very much associated with an individual suffering from bi-polar schizophrenia, therefore not knowing whether or how your mother received the threat is a big issue. If the family is looking for medical treatment, this would be a time to have him checked into your local facility that provides psychiatric evaluations. Generally, medical professionals have the ability to place an immediate 48 hour hold to evaluate, and they can have additional time (with a potential hearing involved), if physicians believe your father is still a danger to himself, or they are still determining the correct medications prescribe, which my history involved with these type of cases has shown then trial and error of finding the correct medication combination is the most difficult part. Again, this is only based on my experience as an attorney, I am not a medically licensed professional.
Q. Can a criminal case be dismissed because the defense was not asked to bring witnesses at the preliminary hearing?
A: No. Preliminary hearings are simply a "51%" evidentiary hearing for the District Attorney! There are times a defense is proper and even defense witnesses can be called, in the event the case filed was a bad decision by the DA. However, in California, the burden for the DA is rediculously low, and hearsay testimony is often used (115), so he defense is generally cross-examining law enforcement, opposed to victims or witnesses.
Q. What all could happen if a 14 year old girl is caught sleeping and gets pregnant with a 25 year old man?
A: There are so many legal issues involved in that question, it reminded me of taking the bar exam a few decades ago! I'll do my best to just give answers, and then provide a little narrative in what could be a game changer! 1) if they were caught, it would definitely be statutory rape at the very nminimum, however, due to the age difference, the minor being (14), another set of legal obstacles would be this would fall under a more serious offense, under CA Penal Code 288 et. al., which under the circumstances described, would add additional prison time ( up to 3 years), and a lifetime of being a sexual registrant under California Penal Code 290. 2) The consent of your friend is literally moot, because under California law, the mere fact that the victim is 14, deems her unable to provide consent, due to her presumed lack of mental capacity under the age of 18. 3) The male adult of 25, would not only be unable to stick around, the pregnancy of a 14 year old, would generally allow the District Attorney to include an additional charge of great bodily injury, which allows an other 5 yrs to the sentence. In an effort to simplify a rather difficult case due to the facts presented and ultimately the investigation that will take place, it is important to note that a charge can be added for every act, meaning how often did this behavior take place and how many times did they have unlawful sex. Additionally, I did not approach numerous other related charges that will be investigated, such as were other sexual acts ever performed during sexual intercourse, such as oral compilation, or other touching of the vaginal area. In this particular case, there could be a sentence up to 8 years of prison, and a lifetime of being a sex registrant, and depending on the depth of the investigation, numerous other related charges that would increase the incarceration period. Again, this is a brief overview, but should outline the very serious nature of the offenses involved.
Q. Does hear say from a 6 year old girl from a audio recording from another agencys interview provide evidence 4 warrent
A: Well, generally I would say no! However, the word "another agency" is a little ambiguous. If it means another law enforcement agency that made a pretext phone call, then maybe, because I have seen that happen. I have filed similar motions to quash and still based many times, on the serious nature of allegations of the statements, although it should be irrelevant, many judges will still allow in or a portion threreof!
Q. can the accused be charged with aggravated assault if they pulled up their shirt revealing a BB gun? Never removing it.
A: Yes, the accused can be charged with criminal assault, even though the gun was a BB gum. An unknown but important fact, is whether the party assaulted recognized the weapon as a BB gun. Simply based on the weapons having to be reveal by lifting up a shirt, without knowing the mental capacity of the "victim", I believe it would not be a stretch for an individual to see the BB gun as it is revealed by clothing and feel in fear of a gun to be used as the primary target!
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Contact & Map
400 Central Valley Hwy
Shafter, CA 93263
USA
Telephone: (661) 746-0235
Fax: (661) 746-0958
2204 Truxtun Ave
Bakersfield, CA 93309
USA
Telephone: (661) 746-0235
Fax: (661) 746-0958